Q: What is the Georgia Property Owners' Association Act?
A: The Georgia Property Owners' Association Act is a comprehensive set of rules controlling property owner associations, including the assessment of expenses, the powers of the association, and a statutory method for imposing liens against home owners for unpaid assessments. It only applies to associations that specifically incorporate it into their covenants. It does not apply to condominium associations.

Q: What is your typical collection process?
A: We start with sending a letter out to the homeowner notifying them of the unpaid dues and fees for that home. If the owner contacts us to resolve the issues, we will set up payment arrangements to satisfy the past due assessments and fees. If they do not, our next step is to file a lien in the amount of the past due assessments and to warn the homeowner that a suit will be filed against them. If the home owner still does not pay, we file suit against them. Each step is controlled by the client.

Q: Does transferring a property by quitclaim deed affect a previously filed lien?
A: A quitclaim deed grants the new owners only whatever title or interest the previous owner had to the property. A quitclaim deed will not extinguish a previously filed lien; the new owner still has to pay the lien. In order for a purchaser to obtain a warranty deed, all liens must be satisfied prior to closing.

For a consultation with a Home Owners Association attorney, contact Spooner and Associates, P.C.

Spooner and Associates, P.C.
Experienced Georgia Attorneys

3451 Lawrenceville – Suwanee Road, Suite C
Suwanee, Georgia 30024
Phone: (678)-714-1131
Fax: (678) 714-5391